FLSA Protects Immigrants Working In US Illegally: 8th Circ.

Law360, New York (July 30, 2013, 4:19 PM EDT) -- Workers living in the U.S. without legal permission are covered by the Fair Labor Standards Act's overtime and minimum wage protections, the Eighth Circuit said Monday, affirming a win for Guatemalan workers who said they weren't properly compensated for their work at a Kansas City, Mo., cafe.

A three-judge panel rejected Jerusalem Cafe's argument that the FLSA did not apply to employers who hire immigrants living in the country without authorization, ruling that such workers can sue under federal wage-and-hour law to recover statutory damages for work already performed.

The opinion leaves intact a jury verdict in favor of the workers,...

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